Zimbabwe secures legal victory as US court rules it lacks jurisdiction in decade-old arbitration dispute.
A U.S. federal appeals court has dismissed a long-running case filed by two Mauritian firms against Zimbabwe’s state-owned mining company, delivering a significant legal victory for Harare in a $93 million international dispute.
The U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of the Zimbabwe Mining Development Corporation (ZMDC), citing a lack of jurisdiction over the case. The lawsuit had been filed by Amaplat Mauritius Ltd. and Amari Nickel Holdings, who sought to enforce a 2014 arbitration award issued by the International Court of Arbitration in Zambia.
Background to the Dispute
The dispute dates back more than a decade, when Zimbabwe unilaterally cancelled a joint venture agreement involving nickel and platinum mining projects. In response, Amaplat and Amari initiated arbitration proceedings, which resulted in a combined award of $46.8 million—$42.9 million to Amaplat and $3.9 million to Amari—plus 5% annual interest. As of 2024, the total claimed amount had escalated to $93 million.
Despite securing the arbitration award, the Mauritian firms said ZMDC ignored the ruling and subsequent court orders, prompting them to seek enforcement in U.S. courts.
In 2019, the High Court of Zambia authorized the enforcement of the award, a move that could have paved the way for asset seizures had it succeeded in other jurisdictions.
U.S. Court Rejects Case
In its recent decision, the D.C. Circuit Court ruled that it does not have jurisdiction over the matter, effectively barring enforcement of the arbitration award in the United States. The ruling represents a legal setback for the plaintiffs, though it does not preclude enforcement attempts elsewhere.
A spokesperson for the Mauritian firms said the ruling “has no application or precedential value to actions brought against Zimbabwe in other countries,” confirming that the companies intend to pursue legal recourse in other jurisdictions.
Zimbabwe Responds
Zimbabwean authorities welcomed the ruling. Pfungwa Kunaka, Secretary for Mines and Mining Development, expressed satisfaction with the outcome. Neither Mines Minister Winston Chitando nor legal representatives for ZMDC and the Zimbabwean government responded to media queries at the time of publication.
Case Reference
The case is titled Amaplat Mauritius Ltd. v. Zimbabwe Mining Development Corp., case number 24-7030, in the U.S. Court of Appeals for the District of Columbia Circuit.
